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HomeMy WebLinkAbout3087ORDINANCE NO. 3087 AN ORDINANCE of the City of Port Angeles, Washington, related to construction or excavation work within rights -of -way and amending Ordinance 2166 as amended and Chapter11.08 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN is follows: Section 1. Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Tode are hereby amended by amending PAMC 11.08.010, 11.08.020 and 11.08.050 to read as Follows: 11.08.010 Definitions. All definitions of terms in Title 11 of the Port Angeles Municipal ,Zode and tfhe following definitions shall apply to the provisions of this Chapter, unless the .ontext shall indicate otherwise: A. "Applicant" means any person making application for a permit for construction )r excavation work, pursuant to the terms of this Chapter. B. "City" means the City of Port Angeles. C. "City Council" or "Council" means the City Council of the City. D. "City Engineer" means the City Engineer of the City of Port Angeles. E. "Construction" or "excavation" means the act of opening, excavating, or in any manner disturbing or breaking the surface or foundation of any permanent pavement; the establishment or alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto. F. "Easement" means any easement granted to the City for access to or for public ,itilities. 3. "Person" means any person, firm, partnership, association, corporation, company, service G. "Person" means any person, firm, partnership, association, corporation, company, service provider or non - service provider as defined under Chapter 11.14, or organization of any :rind. H.fr. "Permittee" means any person holding a permit from the City of Port Angeles for he performance of any construction or excavation work within a right -of -way of the City. I.I+ "Right -of -way" means_ • 1 1 .•• .'L UDU1JII UJLS -rrl �vtm,nnicn may ocatca a street, ; , airy, appnrtt.nalice. A right- of-way oreascarcat is included vvithin the definition of "Right -of-Vc . " • whether such right -of- urrently used or not. (1) A dedicated or owned right -of -way or easement of the City within the boundaries which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic or a utility structure or appurtenance. A right -of -way or easement is included within the definition of "Right -of -Way" whether such right -of -way or easement is currently used or not; or (2) Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under City ordinances and other applicable laws, the City has authori ty to grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authority thereover, and which may be more specifically defined in the master permit, license or lease granting any right to or use thereof. J. "Permit, Use Permit, Right -of -Way Use Permit, or Right -of -Way Construction Permit" refer to the legal authorization, in addition to a master permit, to enter and use a specified portion of the City's rights -of -way for the purpose of installing, repairing, or removing identified facilities. K.;l: "Work" means any construction or excavation within a right -of -way of the City. "Work" does not include routine maintenance or new service connection drops to customers, µnless such maintenance or service connection drops are new pole attachments or disturb the ether joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic. ;Ord. 2166 §1, 9/1/81) 11.08.020 Permit - Required. It is unlawful for any person to perform any work in a City right -of -way without first having obtained a permit therefor from the City Engineer as provided in this Chapter. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §2, 9/1/81) A. The City may require that a service provider constructing, relocating, or placing ducts or conduits in public rights -of -way provide the City with additional ducts or conduits and related structures necessary to access the conduit, consistent with RCW 80.36.150. B. Notwithstanding any other provision of this Chapter, the City may negotiate an , greement with a service provider constructing, relocating, or placing ducts or conduits in public - ights -of -way to provide the City with additional ducts or conduits and related structures :iecessary to access the conduit. 11.08.050 Permit - Application Processing. A. Notwithstanding any other provision of this Chapter, the City must act on a -equest for a use permit or right -of -way construction permit within thirty (30) days of receipt of completed application, unless the applicant consents to a different time period or the applicant ,1as not obtained yet a master permit required by the City. B.A. The City Engineer shall examine each application to determine if it complies with ;he provisions of this Chapter. The City Engineer shall cause to be inspected the premises which are desired to be used, or otherwise ascertain any facts which may aid in determining whether a --)ermit shall be granted. C.W If the City Engineer finds that the application conforms to the requirements of this Chapter, and that the proposed work will not unduly interfere with the right of the public in the - ight -of -way, he may grant the permit. D.e If an application is denied, the applicant may appeal the denial by the City 3uilding Official to the Director of Public Works. The director of Public Works shall review the application, to ascertain that the denial is based upon nonconformance of the application with the erms of this Chapter, and/or a determination that the proposed work will interfere with the rights of the public in the right -of -way. E.1307 If the Director of Public Works upholds the denial of the permit, the applicant may appeal the Director of Public Works' denial to the City Council. The City Council shall review he application, on the same basis as the application was reviewed by the Director of the Department of Public Works. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §5, 9/1/81) -2- Section 2 - Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after the date of publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 18th day of June , 2001. ATTEST: Becky . VI* if on, fay Cler PUBLISHED: June 24, 2001 By Summary APPRIVED AS TO FORM: Craig D. son, City Attorney F:I ORDINANCES &RESOLUTIONWOO 1- I 5.ord.wpd Summaries of Ordinances Adopted by the Port Angeles City Council on June 18, 2001 Ordinance No. 3082 This Ordinance of the City of Port Angeles amends Ordinance 2818 as amended and the Comprehensive Plan by revising the City's planning areas to specifically designate the area east of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the Commercial Goals and Policies section of the Land -Use Element to clarify the intent, by amending policies in the Transportation Element to comply with the Growth Management Act, by amending policies in the Utilities and Public Services Element to allow for City services and facilities in the UGA without annexation, by adding a new item to the Objective section of the Conservation Element to facilitate compliance with the Endangered Species Act, and by amending sections of the Transportation Element, the Utilities and Public Services Element, and the Capital Facilities Element as requested by the Nonmotorized Advisory Committee. Ordinance No. 3083 This Ordinance of the City of Port Angeles regulates telecommunications facilities within City rights -of -way, establishes fees for such facilities, and adopts Chapter 11.14 of the Port Angeles Municipal Code. Ordinance No. 3084 This Ordinance of the City of Port Angeles regulates pole attachments within the City of Port Angeles and adopts Chapter 13.14 of the Port Angeles Municipal Code. Ordinance No. 3085 This Ordinance of the City of Port Angeles establishes reasonable fees to cover the costs of the Planning Department and Public Works Department associated with wireless telecommunication towers and/or electric or telecommunications facilities and amends Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3086 This Ordinance of the City of Port Angeles relates to the City's business license regulations and the City's public utility tax for telecommunications businesses and amends Ordinances 2050 and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. This Ordinance takes effect on January 1, 2002. Ordinance No. 3087 This Ordinance of the City of Port Angeles relates to construction or excavation work within rights -of -way and amends Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Code. Ordinance No. 3088 This Ordinance of the City of Port Angeles revises the City's right of way use regulations and amends Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code. Ordinance No. 3089 This Ordinance of the City of Port Angeles regulates wireless telecommunication towers and facilities within the City, establishes definitions, standards, and criteria for such facilities, amends Ordinance 1709 as amended, and amends Chapter 17.08 and adopts Chapter 17.52 of the Port Angeles Municipal Code. Ordinance No. 3090 This Ordinance of the City of Port Angeles grants the Public Utility District No. 1 of Clallam County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate and maintain facilities on any street in the City for the sole purpose of transmission and distribution of electric energy and repeals Ordinance No. 1200. This franchise shall take effect five days after publication by summary, subject to acceptance by the District in accordance with the provisions of the franchise. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days after publication of these summaries. Becky J. Upton City Clerk Publish: June 24, 2001